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CIRCULAR

Guiding the implementation of the Government's Decree no. 111/2005/ND-CP of August 26, 2005, detailing and guiding the implementation of a number of articles of the Law on Publication

On August 26, 2005, the Government issued Decree No. 111/2005/ND-CP, detailing and guiding the implementation of a number of articles of the Law on Publication. In order to uniformly implement this Decree throughout the country, the Ministry of Culture and Information hereby guides in detail the implementation of a number of articles of this Decree as follows:

I. General provisions:

1. On planning of development of the sector of publishing, printing and distribution of publications:

On the basis of the planning on development of the publishing, printing and publication distribution sector throughout the country up to 2010, approved by the Minister of Culture and Information in his Decision No. 40/2002/QD-BVHTT of December 31, 2002, ministries, branches and localities shall make and send their plannings to the Ministry of Culture and Information prior to June 30, 2006.

Based on the practical publishing activities and the provisions of law, the Minister of Culture and Information may adjust the planning on development of the publishing, printing and publication distribution sector throughout the country up to 2010.

The planning on development of the publishing, printing and publication distribution sector throughout the country shall serve as a basis for realizing policies of encouraging and supporting the development of publication activities and permitting the establishment of publishing houses, publication-printing establishments and publication-importing business establishments.

2. On the re-grant of permits to publishing houses, publication-printing establishments and publication-importing business establishments:

The re-grant of permits for publishing activities defined in Article 21 of the Government's Decree No. 115/2005/ND-CP of August 26, 2005 (hereinafter referred to as Decree No. 115/2005/ND-CP), shall be effected as follows:

a/ For publishing houses:

Existing publishing houses shall send dossiers to the Ministry of Culture and Information to apply for the re-grant of permits. The dossiers of application for the re-grant of permits shall comply with the provisions of Clause 1, Article 16 of the Law on Publication.

The re-grant of permits to existing publishing houses shall be based on conditions defined in Article 12 of the Law on Publication.

b/ For publication-printing establishments:

Existing publication-printing establishments of central agencies and organizations shall send dossiers to the Culture and Information Ministry's Publication Department to apply for the re-grant of permits; those of local agencies and organizations shall send dossiers to their respective provincial/municipal Culture and Information Services to apply for the re-grant of permits. The dossiers of application for the re-grant of permits shall comply with the provisions of Clause 2, Article 31 of the Law on Publication.

c/ For publication-importing business establishments:

Existing publication-importing business establishments shall send dossiers to the Culture and Information Ministry's Publication Department to apply for the re-grant of permits. The dossiers of application for the re-grant of permits shall comply with the provisions of Clause 2, Article 38 of the Law on Publication.

d/ Within 15 days, for publishing houses, and 10 days, for publication-printing establishments and publication-importing business establishments, after receiving complete and valid dossiers, competent state management agencies shall have to re-grant permits. In case of refusal to re-grant permits, they must reply in writing, clearly stating the reasons therefor.

e/ The re-grant of operation permits to publishing houses, publication-printing establishments and publication-importing business establishments shall be carried out as from the effective date of this Circular till the end of June 30, 2006.

f/ Publishing houses, publication-printing establishments and publication-importing business establishments, which were granted establishment and operation permits after July 1, 2005, shall not have to apply for the re-grant of permits.

During the time of carrying out procedures for the re-grant of permits under the guidance in this Circular, publishing houses, publication-printing establishments and publication-importing business establishments which were granted operation permits under the Law on Publication may still continue their operation.

Publishing houses, publication-printing establishments and publication-importing business establishments, which are not re-granted permits, must terminate their operation.

II. The publishing domain

1. On pamphlets, leaflets and calendars of all types

a/ For the publication of non-commercial pamphlets and leaflets (including catalogues) defined in Clause 2, Article 2 of Decree No. 111/2005/ND-CP to introduce and guide the use of goods or products; or introduce enterprises and services, publication permits shall not be required.

b/ Calendars of all types which are publications of publishing houses include: wall calendars, daily wall calendars, pocket calendars, calendar books and desk pad calendars.

2. On advertisement on assorted calendars:

The advertisement on assorted calendars must meet the following requirements:

a/ Advertisement pictures must conform to Vietnamese fine customs and traditions; advertisements for goods and services, which are banned from advertisement by law, are prohibited.

b/ For daily wall calendars: On each calendar page, the area for advertisement shall not exceed 20% of the total area of the page, advertisements must not be placed on calendar pages of national or big anniversary days prescribed by the State Calendar Committee

3. On procedures for deposit of copies of publications

a/ Publications of publishing houses must be affixed with the "deposit" stamp and inscribed with the time of deposit; heads or authorized persons of publishing houses shall sign on the page printed with the title of the book, for books and book-type documents; on the page printed with the number of the publication decision, for pamphlets; on the packages of daily wall calendars, and on audio tapes, audio discs, video tapes and video discs.

b/ For non-commercial documents the publishing of which is subject to permits, heads or authorized persons of agencies or organizations permitted to publish such documents must sign, affix their stamps, and write the time of deposit on the page printed with the number of the publication permit.

c/ When depositing copies of publications, publishing houses and agencies and organizations which are granted publication permits shall have to fill in 02 deposit declaration forms, issued by the Ministry of Culture and Information.

III. The printing domain:

1. On undertaking the typesetting and post-press processing of publications

Where printing establishments only undertake the typesetting and post-press processing of publications, they must ask ordering agencies, organizations or individuals to produce publication permits or publication decisions of directors of publishing houses and submit 01 copy of such paper to printing establishments for archival purpose.

2. On the printing of pamphlets and leaflets:

Printing establishments, when printing non-commercial pamphlets and leaflets (including catalogues) defined at Point a, Section I, Part II of this Circular, shall not have to apply for printing permits.

3. On conditions for being granted publication-printing permits:

Printing establishments shall be granted publication-printing permits only when they have the following press and post-press processing equipment line:

- Printing machines;

- Guillotines;

- Folding machines;

- Book-binding machines or book-sewing combines

4. On the contents of publications printed for foreign parties

The printing of the following publications for foreign parties is prohibited:

a/ Publications with contents violating the provisions of Article 10 of the Law on Publication;

b/ Copyright-pirated publications;

c/ Publications which have been recovered, confiscated, banned from circulation or destroyed in Vietnam.

d/ Publications with contents inappropriate with Vietnam's external relations.

IV. On the registration of lists of imported publications:

When registering the lists of publications imported for trading, importing establishments shall have to send 03 copies thereof to the Publication Department.

The Publication Department shall make certification of the registration of lists of imported publications according to a form issued by the Ministry of Culture and Information, seal its stamp on 03 copies of each list of imported publications and return 02 copies to importing establishments.

V. Implementation effect

This Circular takes effect 15 days after its publication in "CONG BAO" and replaces the Culture and Information Ministry's Circular No. 38/TT-XB of May 7, 1994, guiding the implementation of the Government's Decree No. 79/CP of November 6, 1993, detailing the implementation of the Publication Law.